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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Thomas on Powers 2nd ed

ISBN13: 9780199539697
Previous Edition ISBN: 0421317108
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £302.50

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Wildy's Book of the Month: March 2012

Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions.

This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important.

This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.

Highly regarded, and cited in a number of judgments in England and Australia, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise and operation of powers in private law, and provides a discursive intellectual analysis of the principles underlying the problems commonly encountered by practitioners.

The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams".

  • Includes full coverage of case law and legislation in offshore jurisdictions;
  • Analyses recent developments such as sham trusts, the role of protectors, and fiduciary powers;
  • Provides commentary on the exercise of powers by directors of companies and challenges to this power;
  • Considers the relationship between fiduciary powers in private law and powers exercised by public bodies such as the development of the rule in Hastings-Bass.

Equity and Trusts
1: Introduction: Definitions and Classification
2: Rules of Interpretation
3: Creation of Powers
4: Certainty of Objects
5: Powers and the Rules against Perpetuities and Excessive Accumulations
6: The Delegation of Powers
7: Exercise of Powers
8: The Excessive Execution of a Power
9: Fraud on a Power
10: The Duties of Donees
11: Judicial Review of the Exercise of Powers and Discretions
12: Conflict of Interests
13: Rectification and Rescission
14: Contingent and Determinable Powers
15: Powers of Revocation
16: Powers of Amendment
17: Disclaimer, Release and Extinguishment of Powers;